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Pensacola, FL |

Hello, I read in NY TIMES the bill passed the senate, so it means we have the immigration law now?.... and in that case, what happen with people who left the country couple of years ago, being illegal, can we return under this immigration law??? please help, i really want to go back, my non-american (but legal) husband lives there.... and my son and I want to go to be with him.... what are my options, i have a 10 year problem... I read in some comments here that maybe the bill/law could help people like me... waiver? or what?
thank you

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Attorney answers 5


The simple fact that a bill was passed in the senate does not create a new law. Your case sounds complicated and you should consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


The billed has passed the Senate, but not the House. If it passes on both houses, it will still need to be signed into law by President Obama. Even after that happens, it will probably take a few months for some of the rules/forms, etc to be developed for people to file. While we do not know what the actual reform law will be like, or if there will be a reform, I do not think there will be any provisions that will override the 10 year bar you state you have since you are presently outside the United States. You should consult with an attorney now to determine if you are eligible for a waiver.

This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.


No, there is no law yet.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Now the House of Representatives must debate this.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


My other colleagues are correct in their responses. The Comprehensive Immigration Reform Bill is not law yet. It must still pass the House, and then the President must sign the Bill into law. In regards to your issue with the ten year problem, their are not enough facts to formulate a proper response. Typically, an alien who is barred from returning to the United States for a period of ten years, has first departed the United States after accumulating one year or more of unlawful presence in the United States prior to departure. See INA Section 212(a)(9)(B) . You should seek the counsel of an experienced immigration attorney to assist you in preparing, submitting, and filing any applications for relief.

The following response is not intended to be a substitute or legal advice. You should seek legal counsel to obtain legal advice regarding your question.